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Citation
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Judgment date
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| December 2017 |
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28 December 2017 |
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28 December 2017 |
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High Court lacks jurisdiction to review tax-administration disputes; the Tax Appeals Board has exclusive original jurisdiction.
* Tax law – Jurisdiction – Exclusive original jurisdiction of the Tax Revenue Appeals Board over disputes arising from revenue laws – High Court supervisory powers and limits of certiorari.
* Administrative law – Judicial review – Distinction between jurisdictional excess (amenable to certiorari) and merits of tax decisions (for statutory tax forum).
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28 December 2017 |
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A counterclaim may be treated as an independent cross-suit and need not arise from the same transaction as the plaintiff's claim.
* Civil procedure – Counterclaim – scope and subject-matter – Counterclaim treated as cross-suit under Order VIII, CPC – need not arise from same transaction as plaintiff's claim; court's discretion to strike out or order separate trial (O. VIII r.12). * Misjoinder – alleged misjoinder of causes of action in counterclaim insufficient to invalidate counterclaim where CPC permits independent cross-suit.
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18 December 2017 |
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Plaintiff failed to prove ownership; written sale and village authorisation established defendant’s title; suit dismissed with costs.
Land law – un‑surveyed (customary) land – sale and allocation; written sale agreement and village minutes as proof; authority of co‑owner to sell; standard of proof in civil claims (balance of probabilities); reliefs for trespass and eviction.
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18 December 2017 |
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The applicant failed to prove alleged fraudulent bank withdrawals; bank statement was irregularly admitted, claim dismissed.
Banking law – admissibility of banker's book (computer printouts) under Evidence Act s76–78; requirement for pre‑admission authentication; banker–customer duty and alleged negligence; proof of fraud in civil claims; automated system entries and reversals; burden and standard of proof.
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14 December 2017 |
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Application for extension of time struck out as incompetent due to misidentification of the corporate applicant; costs awarded.
Civil procedure – extension of time – competence of application – misnomer/misidentification of corporate party – necessity of correct registered company name – remedy: strike out; costs awarded.
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13 December 2017 |
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Child’s unsworn evidence and a defective cautioned statement rendered the rape conviction unsafe; appeal allowed.
Evidence — Child witness competency — voir dire requirement under s.127(2) Evidence Act; expunction of unsworn child evidence; Corroboration — medical and lay evidence insufficient after expunction; Criminal procedure — cautioned/confessional statement inadmissible where warning references incorrect statutory provision and does not establish voluntariness or full admission of offence; Unsafe conviction — quashing of conviction and setting aside sentence.
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11 December 2017 |
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Conviction unsafe where unsworn child evidence lacked corroboration, material contradictions and medical evidence were inconclusive.
Criminal law – Appeal – Unnatural offence alleged against a minor – Unsigned/unsworn evidence of a child requiring corroboration – Hearsay evidence lacks corroborative value – Material contradictions undermine prosecution case – PF.3 medical evidence insufficient to cure deficiencies – Unsafe conviction quashed.
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11 December 2017 |
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Conviction for forgery and uttering false document quashed for failure to prove intention to defraud.
* Criminal law – Forgery and uttering false document – Elements: existence of false document, authorship, and intent to defraud (mens rea) – Prosecution must prove mens rea beyond reasonable doubt. * Section 9 Penal Code – Honest claim of right as defence/exculpation. * Appeals – First appellate court may re-evaluate evidence and quash conviction where mens rea not established.
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8 December 2017 |
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Resident Magistrate lacked jurisdiction to hear a Labour Officer's report; proceedings void and appeals struck out.
Employment law – Jurisdiction of courts – Labour Officer's report under section 141/142 – Requirement to send report to District Court; Resident Magistrate lacked jurisdiction – proceedings and resulting judgment a nullity – appeals from nullity incompetent – parties/courts cannot confer jurisdiction contrary to statute.
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8 December 2017 |
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8 December 2017 |
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Trial court misapplied law by awarding disallowed special damages and failing to assess and apportion fatal-accident damages.
Law Reform (Fatal Accidents) Act Cap. 310 — assessment and apportionment of damages among dependants; Damages — special vs general; Misapplication of Zuberi Augustino v Anicet Mugabe; Third party notice/insurer indemnity — Order I rr.18–19 CPC and Motor Vehicles Insurance Act; Requirement to give reasons — Order XX r.4 CPC.
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7 December 2017 |
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Plaintiff's claim for commissions failed for lack of proof of formal assignments, collections and receipt of settlement monies.
Debt collection agreement – requirement for formal assignments (files, assignment letters, monthly reports) – written contract excludes oral evidence (s.100 Evidence Act) – burden of proof on plaintiff (ss.110,112 Evidence Act) – failure to prove assignments, collections or receipt of settlement monies – claim for commissions dismissed.
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7 December 2017 |
| November 2017 |
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Second appeal filed after limitation without an application for extension was struck out as time‑barred.
Magistrates' Courts Act s.25(1)(b) – thirty‑day appeal period; High Court’s discretion to extend time – enlargement of time requires formal application and sufficient cause; late appeal without extension struck out.
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30 November 2017 |
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Court upheld father's custody despite presumption for mothers, emphasizing child welfare and avoiding disruptive custody change.
Child custody — best interest of the child paramount; tender-years doctrine and rebuttable presumption that child under seven should be with mother; welfare checklist under Law of the Child Act and Law of Marriage Act; change of custody and undesirability of disrupting children's lives; economic status not primary factor; visitation rights.
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30 November 2017 |
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Plaintiffs' compensation claim was time‑barred and dismissed under the Law of Limitation Act.
* Limitation law – Compensation for acquisition of land – Cause of action accrues on receipt of compensation – one-year limitation under Part I, item 1 of the Schedule to the Law of Limitation Act (Cap. 89 R.E. 2002).
* Jurisdiction – Time limitation is jurisdictional and may be considered by the court even if raised late.
* Extension of time – Courts lack power to extend limitation for ordinary suits; extension under section 14(1) is confined to appeals/applications.
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29 November 2017 |
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Applicant freely accepted the lease; respondents supplied agreed buses; applicant defaulted and suit dismissed with costs.
Contract law free consent and coercion; acceptance by conduct; supply agreements; repossession on default; burden to plead and prove special damages; counterclaim dismissed for failure to prove claimed balance.
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29 November 2017 |
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High Court quashed dismissal based on an "incurably defective" affidavit and remitted the matter for expungement or rectification so merits can be heard.
• Civil revision – High Court’s revisional jurisdiction under Magistrates' Courts' Act to correct jurisdictional error, illegality or material irregularity.
• Civil procedure – defective affidavits – dismissal vs striking out or expunging offending paragraphs; court’s discretion to allow correction.
• Corporate litigation – who may sign and verify pleadings for a company; competency of principal officer to commence proceedings.
• Right to have matters determined on merits – procedural defects should be cured where possible rather than deny litigant access to adjudication.
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24 November 2017 |
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Leave to appeal refused where applicant failed to show any point of law fit for the Court of Appeal.
* Appellate procedure – Leave to appeal – requirement to show a point of law of general or public importance or serious misdirection likely to cause miscarriage of justice. * Family law – Matrimonial property – presumption of marriage and whether assets acquired before formal marriage constitute matrimonial assets. * Family law – Contribution to matrimonial assets – non-monetary/domestic contributions recognized. * Custody – appellate leave not warranted where the challenge is primarily factual.
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24 November 2017 |
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High Court lacks jurisdiction to revise dismissal of objection proceedings under Order XXI Rule 62; revision dismissed.
Civil revision — jurisdiction — orders in objection proceedings not revisable under Order XXI r.62; Remedy is a suit to establish proprietary rights; Failure to specify particular order(s) sought to be revised; Procedural compliance — failure to file court-ordered written submissions amounts to want of prosecution.
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24 November 2017 |
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Awaiting a judgment copy does not justify extension of time for a matrimonial appeal; the applicant's request was dismissed with costs.
* Limitation of actions – Extension of time – Application under section 14(1) Law of Limitation Act – Applicant must show reasonable cause and likelihood of success. * Matrimonial appeals – Section 80 Law of Marriage Act – Appeals filed within 45 days in magistrate's court; Civil Procedure Code requirements (judgment/decree annexure) do not apply. * Waiting for a copy of judgment is not sufficient cause for extension in matrimonial appeals. * Illegality of decision may justify extension if convincingly shown.
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22 November 2017 |
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Registered right of occupancy establishes ownership; 1st defendant trespassed and must be evicted, fence-damage claim dismissed.
Land law – registered Right of Occupancy prevails over later informal/village allocations; trespass actionable per se; proof required to link defendants to demolition of property; eviction where unlawful occupation established.
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21 November 2017 |
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A valid DPP certificate under s36(2) EOCCA bars bail where safety or national interests are certified; bail application dismissed.
* Criminal procedure – Bail – Effect of a DPP certificate under s36(2) EOCCA and s148(4) CPA; conditions for validity (in writing; safety/interests likely prejudiced; relates to pending trial or appeal) – Certificate bars grant of bail when valid. * Constitutional law – Presumption of innocence v statutory exception for public safety/public interest – constitutionality challenge not determinative in this application. * Precedent – DPP v. Li Ling Ling; DPP v. Ally Nuru Dirie considered.
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20 November 2017 |
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Plaintiffs failed to prove lawful tenancy after privatization and sale; suit dismissed and defendants' actions not found unlawful.
Property law – occupation and tenancy — burden of proof and requirement for documentary proof of lease — adverse inference for non-production of material document; Sale at public auction and registered title — purchaser's rights against unproven occupants; Civil evidence — contradictions, credibility and preponderance; Reliefs — dismissal for failure to establish lawful occupation.
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17 November 2017 |
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The applicant's incest conviction upheld; life sentence quashed and replaced with the statutory 30‑year term.
Criminal law – Incest: conviction based on victim's testimony and medical evidence; Evidence Act s127(5) (definition of child) and s127(7) (victim's evidence may suffice) – no voir dire for witness aged 15; corroboration unnecessary where victim credible; appellate reduction of unlawful life sentence to statutory 30 years.
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16 November 2017 |
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Contempt application dismissed for failure to prove breach; extension of time granted on basis of arguable illegality.
* Civil contempt – committal – requirements: clear and unambiguous order; proper notice; breach proved beyond reasonable doubt; burden lies on applicant.
* Service and affixing of orders – relevance to proof of notice for contempt.
* Extension of time – discretionary relief under Limitation Act; applicant must account for delay but arguable illegality may justify extension in interest of justice.
* Accounting for each day of delay – ordinary rule; balance with substantive illegality affecting jurisdiction.
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16 November 2017 |
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Court struck out applications to vary a recorded consent custody decree, finding lack of proper locus and improper procedural route.
Family law – Consent Deed recorded as court Decree; variation and amendment clauses; locus of Social Welfare Officer under Law of the Child; limits of court's inherent powers (s.95 CPC); civil procedure versus criminal allegations of unlawful removal.
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15 November 2017 |
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Acquittal where victim's unreliable identification and absence of proven malice foreclosed conviction for attempted murder.
Criminal law – Attempted murder – identification evidence – victim intermittently unconscious and unable to sign statement – requirement of malice aforethought – proof beyond reasonable doubt – injuries consistent with rape/robbery/grievous harm, not necessarily attempted murder.
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13 November 2017 |
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Acquittal where circumstantial evidence and witness testimony failed to prove guilt beyond reasonable doubt.
* Criminal law – Murder – Reliance on circumstantial evidence – Conviction requires that circumstantial evidence irresistibly and exclusively point to the accused.
* Evidence – Adequacy of proof – Failure to produce police records or corroborative proof of being ‘at large’ weakens circumstantial case.
* Witness credibility – Inconsistencies and speculative statements undermine prosecution’s case.
* Principle – Suspicion or inferred motive alone insufficient to sustain a conviction.
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13 November 2017 |
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Prosecution's night identification and delayed/missing evidence failed to prove murder beyond reasonable doubt, resulting in acquittal.
Criminal law - murder; visual identification at night — necessity to establish light intensity, distance and duration; corroboration of identification; lost police file and documentary authentication; unexplained delay and alleged flight; failure to call medical witness — acquittal for want of proof beyond reasonable doubt.
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13 November 2017 |
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Respondent wrongfully terminated services contract; special damages unproven; applicant awarded TZS 90,000,000 general damages, interest and costs.
Contract law – wrongful termination of services contract – Article 7(d) (repute) – burden to particularize and prove grounds for termination; Damages – special/specific damages require strict pleading and proof; prospective losses speculative without evidence; general damages under Hadley v Baxendale and section 73.
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10 November 2017 |
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Administrator's failure to follow probate procedures and purchaser's non-compliance with auction terms defeated claim to registered land.
Probate law – duty of administrator to exhibit inventory/account (s.107 Probate and Administration of Estates Act); Land registration – effect of registered transfer and primacy of Registrar's records; Auction/tender law – requirement to comply with advertised payment conditions and buyer's duty of due diligence; Validity of sale where administrators fail statutory duties.
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10 November 2017 |
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Court struck out applicant's land suit for lack of territorial jurisdiction under Section 14 CPC; properties lie in other registries.
Territorial jurisdiction; Section 14 Civil Procedure Code; recovery of immovable property; locus in quo; competency of registry; striking out for wrong registry; law of limitation.
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10 November 2017 |
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The applicant failed to prove defendant negligence or insurer liability; suit dismissed for lack of evidence and missing police/insurance documents.
Road traffic collision — civil burden of proof remains on claimant even where case proceeds ex‑parte — necessity of police investigation/sketch and contemporaneous documents to establish fault — vicarious liability dependent on proven employee negligence — insurer’s entitlement to mandatory police documents before processing claim.
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9 November 2017 |
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Vague revocation notice breached the applicant's right to be heard; revocation notice quashed.
* Administrative law – Judicial review – Certiorari granted where notice of revocation was vague and violated natural justice. * Land law – Revocation of right of occupancy – Statutory procedure under Land Act (sections 44–49) and requirement for clear, specific notices. * Natural justice – Right to be heard – Notice must specify particulars and remedial action to enable defence.
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8 November 2017 |
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Circumstantial evidence and the last-person rule must be proved beyond reasonable doubt; acquittal where they were not.
Criminal law – Murder – Circumstantial evidence – ‘Last person with the deceased’ rule – Preconditions and standard of proof (beyond reasonable doubt) – Failure to prove disappearance or last-seen status defeats conviction.
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7 November 2017 |
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Application for extension of time filed beyond the Court of Appeal’s 60‑day rule was time barred and dismissed with costs.
Civil procedure — Extension of time under s.14(1) Law of Limitation Act — No specific statutory period — Court of Appeal precedent fixes 60-day limit — Application filed after 60 days time barred — Dismissal with costs.
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6 November 2017 |
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Applicant's boundary claim dismissed where respondents' official survey and municipal detail survey showed applicant had encroached.
Land law — boundary dispute — burden of proof (s110 Evidence Act) — primacy of official survey plan and municipal detail survey in proving boundaries — order to remove structures and vacate encroached area.
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3 November 2017 |
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Failure to call arresting witnesses fatally undermined the prosecution case, so the appellant's conviction was quashed.
* Criminal law – Armed robbery – Prosecution duty to call material witnesses – Failure to call arresting motorcyclists undermines proof beyond reasonable doubt. * Evidence – Visual identification – reliability where circumstances unfavourable. * Evidence – Chain of custody and admissibility of exhibits. * Evidence – Admissibility of cautioned statement and presence of legal representative/relative. * Evidence – Hearsay issues in witness testimony.
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2 November 2017 |
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Addendum increased contract sum; defendant breached by underpaying; plaintiff awarded unpaid instalments and consultant fees.
* Contract law – contract addendum – effect of addendum on total contract value and instalment calculations; consequence of payments calculated on prior sum. * Damages – entitlement and quantification of unpaid contract instalments and reimbursement of consultant fees. * Evidence – requirement to prove specific and general damages. * Interest and costs – decretal interest and costs awarded.
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1 November 2017 |
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Court struck out applicant's suit challenging pesticide-registration decision; statutory appeal to the Minister required.
Pesticide registration — Plant Protection Regulations 1998, Regulation 24(4) — appeal to Minister — exclusive remedy; Trade and Service Marks Act — statutory remedies and appeals; jurisdiction — requirement to exhaust statutory appeal before court; suit incompetent and struck out.
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1 November 2017 |
| October 2017 |
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Court allowed withdrawal under s.91(1) but held DPP’s power is not absolute, limiting re-arrest to current court session.
Criminal procedure – Withdrawal of prosecution under s.91(1) – DPP’s discretion not absolute – Court may impose limitations to prevent abuse of process; Adjournment – requires cogent reasons where witnesses are present and case is set for hearing.
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31 October 2017 |
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A charge sheet citing the wrong statutory provision renders the trial a nullity and conviction must be quashed.
* Criminal procedure – Charge sheet particulars – Requirement under section 135 to describe the offence and cite correct statutory provision; failure renders trial a nullity.
* Penal Code – Wrong provision cited in charge (section 156 cited instead of section 154(1)(a) & (2)) – defect prejudices accused’s right to know nature of offence.
* Curability – Defect in charge that affects fairness is incurable; section 388(1) cannot cure foundational defects.
* Relief – Nullification of proceedings, quashing of conviction and setting aside sentence.
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31 October 2017 |
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The applicant failed to show sufficient cause to set aside an ex parte judgment; application dismissed with costs.
Civil Procedure — Order IX Rule 13(1) — setting aside ex parte decree — sufficient cause for non-appearance — requirement for affidavit evidence to corroborate registry handling of served documents — inadmissibility of new facts raised only orally at hearing — court limited to procedural ground, not substantive review of ex parte proof.
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31 October 2017 |
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Applicant shown prima facie case of ultra vires action and denial of hearing; leave granted but stay of ban refused.
* Administrative law – Judicial review – Leave to apply – Prima facie case required where decision-maker alleged to have acted ultra vires or in breach of natural justice.
* Media law – Scope of Ministerial powers under Section 59, Media Services Act No.12/2016 – question of authority to ban publication reserved for substantive review.
* Natural justice – Right to be heard – Alleged denial of hearing sufficient at leave stage to merit judicial review.
* Civil procedure – Stay pending judicial review – Rule 5(6) G.N. No.324/2014 stays proceedings, not the operation of an administrative decision where no proceedings are ongoing.
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31 October 2017 |
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Applicant granted extension to challenge final estate account for sufficient cause and arguable illegality.
Probate and administration — extension of time to file application to revoke final account — requirement of sufficient cause — affidavits by material persons — allegation of illegality as ground for extension (Kalunga principle) — authorities: Alhaj Abdallah Talib; John Chuwa.
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27 October 2017 |
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Plaintiff liable for overdraft; alleged forgery/conspiracy unproven; first defendant ordered to refund Tshs100,000,000.
Banking law – overdraft facility – mandate/specimen signature genuineness – burden of proof for forgery; conspiracy and fraud allegations require high standard of proof; joint and several guarantees and mortgage security enforceable; court may reschedule repayment and permit execution on default.
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27 October 2017 |
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Third-party motor insurance does not cover the owner’s lost cargo; special damages must be specifically pleaded and proved.
Motor vehicle insurance – Third-party insurance does not cover owner’s goods in transit; necessity of Goods-in-Transit cover; requirement that special damages be specifically pleaded and proved.
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27 October 2017 |
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Applicant failed to prove ownership (no admitted registration card); appeal dismissed with costs.
Civil procedure – ex-parte hearing – burden of proof; Ownership of chattel – proof by vehicle registration card; Documentary evidence – list of documents is not admissible evidence unless produced and admitted; Restitution and damages – claimant must prove title to the property.
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26 October 2017 |